Common use of Pro Forma Clause in Contracts

Pro Forma. All components of financial calculations made to determine compliance with Article V shall be adjusted on a Pro Forma Basis to include or exclude, as the case may be, without duplication, such components of such calculations attributable to any Pro Forma Transaction consummated after the first day of the applicable period of determination and prior to the end of such period, as determined in good faith by the Borrower based on assumptions expressed therein and that were reasonable based on the information available to the Borrower at the time of preparation of the Compliance Certificate setting forth such calculations.

Appears in 14 contracts

Samples: Credit Agreement (Alere Inc.), Credit Agreement (Alere Inc.), Credit Agreement (Assisted Living Concepts Inc)

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Pro Forma. All components of financial calculations made to determine compliance with Article V 5 shall be adjusted on a Pro Forma Basis to include or exclude, as the case may be, without duplication, such components of such calculations attributable to any Pro Forma Transaction consummated after the first day of the applicable period of determination and prior to the end of such period, as determined in good faith by the Borrower Borrowers based on assumptions expressed therein and that were reasonable based on the information available to the Borrower Borrowers at the time of preparation of the Compliance Certificate setting forth such calculations.

Appears in 7 contracts

Samples: Credit Agreement (Rush Enterprises Inc \Tx\), Credit Agreement (Rush Enterprises Inc \Tx\), Credit Agreement (Rush Enterprises Inc \Tx\)

Pro Forma. All components of financial calculations made to determine compliance with Article Articles V and VIII and Section 2.8(a) shall be adjusted on a Pro Forma Basis to include or exclude, as the case may be, without duplication, such components of such calculations attributable to any Pro Forma Transaction consummated after the first day of the applicable period of determination and prior to the end of such period, as determined in good faith by the Borrower based on assumptions expressed therein and that were reasonable based on the information available to the Borrower at the time of preparation of the Compliance Certificate setting forth such calculations.

Appears in 2 contracts

Samples: Credit Agreement (Duff & Phelps Corp), Credit Agreement (Duff & Phelps CORP)

Pro Forma. All components of financial calculations made to determine compliance with Article V or VIII shall be adjusted on a Pro Forma Basis to include or exclude, as the case may be, without duplication, such components of such calculations attributable to any Pro Forma Transaction consummated after the first day of the applicable period of determination and prior to the end of such period, as determined in good faith by the Borrower based on assumptions expressed therein and that were reasonable based on the information available to the Borrower at the time of preparation of the Compliance Certificate setting forth such calculations.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Dayton Superior Corp)

Pro Forma. All components of financial calculations made to determine compliance with Article V VII shall be adjusted on a Pro Forma Basis to include or exclude, as the case may be, without duplication, such components of such calculations attributable to any Pro Forma Transaction consummated after the first day of the applicable period of determination and prior to the end of such period, as determined in good faith by the Borrower based on assumptions expressed therein and that were reasonable based on the information available to the Borrower at the time of preparation of the Compliance Certificate setting forth such calculations.

Appears in 1 contract

Samples: Credit Agreement (Spectrum Brands, Inc.)

Pro Forma. All components of financial calculations made to determine compliance with Article V shall be adjusted on a Pro Forma Basis pro forma basis to include or exclude, as the case may be, without duplication, such components of such calculations attributable to any Pro Forma Transaction pro forma transaction consummated after the first day of the applicable period of determination and prior to the end of such period, as determined in good faith by the Borrower based on assumptions expressed therein and that were reasonable based on the information available to the Borrower at the time of preparation of the Compliance Certificate compliance certificate setting forth such calculations.

Appears in 1 contract

Samples: Secured Superpriority Debtor in Possession Loan, Security and Guaranty Agreement (Aeropostale Inc)

Pro Forma. All components of financial calculations made to determine compliance with Article V VIII shall be adjusted on a Pro Forma Basis to include or exclude, as the case may be, without duplication, such components of such calculations attributable to any Pro Forma Transaction consummated after the first day of the applicable period of determination and prior to the end of such period, as determined in good faith by the Borrower based on assumptions expressed therein and that were reasonable based on the information available to the Borrower at the time of preparation of the Compliance Certificate setting forth such calculations.

Appears in 1 contract

Samples: Revolving Credit Agreement (Dayton Superior Corp)

Pro Forma. All components of financial calculations made to determine compliance with Article V shall be adjusted on a Pro Forma Basis pro forma basis to include or exclude, as the case may be, without duplication, such components of such calculations attributable to any Pro Forma Transaction Permitted Acquisition consummated after the first day of the applicable period of determination and prior to the end of such period, as determined in good faith by the Borrower Borrowers based on assumptions expressed therein and that were reasonable based on the information available to the Borrower Borrowers at the time of preparation of the Compliance Certificate setting forth such calculations.

Appears in 1 contract

Samples: Credit Agreement (Palm Harbor Homes Inc /Fl/)

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Pro Forma. All components of financial calculations made to determine compliance with Article V shall be adjusted on a Pro Forma Basis to include or exclude, as the case may be, without duplication, such components of such calculations attributable to any Pro Forma Transaction consummated after the first day of the applicable period of determination and prior to the end of such period, as determined in good faith by the Borrower based on assumptions expressed therein and that were reasonable based on the information available to the Borrower at the time of preparation of the Compliance Certificate setting forth such calculations.

Appears in 1 contract

Samples: Credit Agreement (Townsquare Media, LLC)

Pro Forma. All components of financial calculations made to determine compliance with Article V shall be adjusted on a Pro Forma Basis to include or exclude, as the case may be, without duplication, such components of such calculations attributable to any Pro Forma Transaction consummated after the first day of the applicable period of determination and prior to the end of such period, as determined in good faith by the Borrower based on assumptions expressed therein and that were reasonable based on the information available to the Borrower at the time of preparation of the Compliance Certificate setting forth such calculations.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (PROS Holdings, Inc.)

Pro Forma. All components of financial calculations made to determine compliance with Article V shall be adjusted on a Pro Forma Basis to include or exclude, as the case may be, without duplication, such components of such calculations attributable to any Pro Forma Transaction consummated after the first day of the applicable period of determination and prior to the end of such period, as determined in good faith by the Borrower based on assumptions expressed therein and that were reasonable based on the information available to the Borrower at the time of preparation of the Compliance Certificate setting forth such calculations. CREDIT AGREEMENT MEDICAL STAFFING NETWORK, INC.

Appears in 1 contract

Samples: Credit Agreement (Medical Staffing Network Holdings Inc)

Pro Forma. All components of financial calculations made to determine compliance with Article V or VIII shall be adjusted on a Pro Forma TERM LOAN CREDIT AGREEMENT [DAYTON SUPERIOR CORPORATION] Basis to include or exclude, as the case may be, without duplication, such components of such calculations attributable to any Pro Forma Transaction consummated after the first day of the applicable period of determination and prior to the end of such period, as determined in good faith by the Borrower based on assumptions expressed therein and that were reasonable based on the information available to the Borrower at the time of preparation of the Compliance Certificate setting forth such calculations.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Dayton Superior Corp)

Pro Forma. All components of financial calculations made to determine compliance with Article V and other financial ratios in accordance with this Agreement, shall be adjusted on a Pro Forma Basis to include or exclude, as the case may be, without duplication, such components of such calculations attributable to any Pro Forma Transaction consummated after the first day of the applicable period of determination and prior to the end of such period, as determined in good faith by the Borrower based on assumptions expressed therein and that were reasonable based on the information available to the Borrower at the time of preparation of the Compliance Certificate setting forth such calculations.

Appears in 1 contract

Samples: First Lien Credit Agreement (SRAM International Corp)

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